I don't think it is whining at all, I think for me it is more about intent. I have seen amateur videos that have the tv on in the background while some milf is getting nailed. I do not think of that as copyright theft at all, the same goes for a radio playing. it is background noise in my opinion.
If a company were to intentionally insert a piece of copyrighted material then hell yeah... bust their ass. That is just stupid.
this is kind of tongue in cheek for me but I think they might actually profit from their songs being used in porn vids, definitely reach a market they never had a shot at before. I mean you would have to break my arm to get me to ever listen to anything Justin Timberlake ever sang...unless a cute chubby girl with big tits is getting banged while it is playing
